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Madras High CourtWP/22360/2018disposed of

P.Kandasamy v. Chennai Metropolitan

2021-03-05Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2021

CORAM:

THE HONOURABLE MR. JUSTICE C.SARAVANAN W.P.No.22360 of 2018 P.Kandasamy

...Petitioner

Vs.

1.The Chennai Metropolitan Development Authority, Rep by its Member Secretary, No.1, Gandhi Irwyn Road, Egmore, Chennai - 600 008.

2.The Chennai Metropolitan Development Authority, Rep by its Chief Executive Officer, No.1, Gandhi Irwyn Road, Egmore, Chennai - 600 008.

3.The Senior Estate Officer, Chennai Metropolitan Development Authority, No.1, Gandhi Irwyn Road, Egmore, Chennai - 600 008.

4.The Market Management Committee, Koyambedu Market, Rep by its Chief Executive Officer, Koyambedu, Chennai.

(R4 suo motu impleaded vide order dated 29/01/2019 made in W.P.No.22360/18 by VBDJ) ...Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, to direct the respondents to execute and issue sale deed for the shop No.G-49, Periyar Vegetable Market, Koyambedu, Chennai -92 in favour of the petitioner herein represented by his Power of Attorney and also handover all related documents pertaining to the above said shop expediously in accordance with law.

For Petitioner : Mr.D.S.Rajesekaran For Respondents: Mr.P.Tamilmani CMDA for R1 to R3

O R D E R

The writ petition has been filed for a mandamus to direct the respondent to execute a sale deed for the Shop No.G-49, Periyar Vegetable Market, Koyambedu, Chennai -92. 2.The learned counsel for the respondent submits that the sale deed will be executed subject to the petitioner producing ''no objection'' from the 4th respondent regarding ''no due certificate''.

3.The learned counsel for the petitioner submits that the market license is valid till 31.03.2021 and that license will also to be renewed if the petitioner submits the required ''no objection certificate'' and ''no due certificate'' from the 4th respondent. The respondents are directed to execute the sale deed in favour of the Original Authority on production of ''no objection certificate'' and ''no due certificate'' from the 4th respondent.

4.The writ petition stands disposed of. No costs. s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar jas To 1.The Member Secretary, The Chennai Metropolitan Development Authority, No.1, Gandhi Irwyn Road, Egmore, Chennai - 600 008.

2.The Chief Executive Officer, The Chennai Metropolitan Development Authority, No.1, Gandhi Irwyn Road, Egmore, Chennai - 600 008.

3.The Senior Estate Officer, Chennai Metropolitan Development Authority, No.1, Gandhi Irwyn Road, Egmore, Chennai - 600 008.

4.The Market Management Committee, Koyambedu Market, Rep by its Chief Executive Officer, Koyambedu, Chennai.

+1 CC to Mr.D.S.Rajesekaran, Advocate sr 14338. W.P.No.22360 of 2018 SKY(CO) SP(29/03/2021)